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Judgment
Re: CAN 6930 of 2016
The instant first appeal was dismissed in Lawazima for non-filing of requisites in terms of the Court''s order. The present application has been taken out by the appellant for restoration of this appeal by recalling the order of dismissal. Reason for non-compliance of the Court''s order has been satisfactorily explained in this application. Hence, the order of dismissal of appeal passed on 12th April, 2016 is recalled. The appeal is restored to its original file and number.
The application being CAN 6930 of 2016 thus stands disposed of.
The plaintiff/respondent has already entered appearance through Mr. Pinaki Ranjan Mitra. Since the said respondent is represented by his lawyer Mr. Mitra, further service of notice of appeal upon the plaintiff/respondent is dispensed with. Appeal, thus, be treated ready as regards service. Re: F.A. 35 of 2015
After hearing the learned advocates appearing for the parties and after considering the suggestion given by the learned advocates appearing for the parties, we feel that no useful purpose will be served by keeping this appeal pending anymore.
Mr. Gupta, learned advocate appearing for the appellant submits that his client is agreeable to pay decretal amount together with interest to the respondent, provided the respondent returns the title deeds which were deposited by the appellant to the respondent by way of security for repayment of the loan amount.
Mr. Mitra, learned advocate appearing for the respondent agrees to the proposal given by Mr. Gupta.
Accordingly, we dispose of the appeal by directing the appellant to pay the decretal amount together with interest to the plaintiff/respondent within six weeks from date.
The plaintiff/respondent is also directed to return the title deeds to the defendant/appellant simultaneously with the tender of the decretal amount together with interest to the plaintiff/respondent.
The appeal is, thus, disposed of with the above direction.
The connected execution proceeding pending before the learned Executing Court will remain stayed for a period of seven weeks from date.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all formalities immediately.
Since the appeal is disposed of in the manner as aforesaid, no further order need be passed on the stay application.
The application for stay being CAN 7129 of 2016 is thus, deemed to be disposed of.